disclaimer

[maggiehorse]

hi
a friend of mine who i taught the basics of riding to last summer has now has decided to have riding lessons at his local equestrian centre , they have given him a form to fill in and sign , i,m surprised by the part in brackets about if they or thier staff is negligent there is no come back , what do you peeps think? would you sign it?
heres the form


-----------------

i understand clearly by accepting kirkfields terms
and signing this agreement i will be precluded from suing or otherwise claiming against the equestrian centre , its proprieter or owners for any injury loss or damage whatsoever sustained whether arising under the express or implied terms of this contract in common law (including the negligence of the proprietors thier servants or agents )or as a result or in the course or arising out of any of the activities of the kirklands equestrian centre or in any other way whatsoever

 

[VRIN]

I doubt it would hold up in law anyway ... bit like 'informed' consent

 

[maggiehorse]

yes but would you sign it? to me it raises alarm bells about thier ability to teach in a safe but progressive enviroment( god i cant spell it and no time for spell check lol am off to feed neddies )

 

[the watcher]

I wouldn't sign that!

 

[VRIN]

Your choice really is ... do you want to have riding lessons there... If you do then you have no choice .. if it raises 'alarm bells' as to their competence and general safety then you need to walk away ...

 

[vennessa]

It would put me right off. (including the negligence of the proprietors thier servants or agents ) Makes them soung like they are purposely negligent to me. Rideing is a dangerous sport which i think we have to accept if we wish to do it, but that sounds bonkers to me.

 

[summertoots]

We have a rider information form that we ask all new clients to fill in, but it is just basic info like contact numbers and alergies. We are a BHS yard though.We are checked a lot, our horses are suitable for the job they are doing. We have correct insurance and our H & S is very tight. I wouldn't sign a disclaimer as it makes me question both the suitability of the horses, the instructor and staff abilities and if they have any insurance.

 

[Baileyhoss]

usually disclaimers say that that you can't be held responsible for loss etc. save for death or personal injury caused by negilgence..

I certainly wouldn't sign anything to say that you won't take action against their negligance. You could ask Citizens advice about it.

F x

 

[Toby_Zaphod]

If the riding school wants you to sign a disclaimer I would think they are doing this because they have no insurance cover. If they have insurance cover then I doubt if the disclaimer would be needed.

I would imagine tht the disclaimer would not stand up in law anyway.

 

[Wishful]

Void under the Unfair Contract Terms Act. Under English Law you can not exclude liability for death or personal injury caused by your or your agents' or employees' negligence. Half the council run sports centres in the UK have similar unenforceable disclaimers - probably borrowed off a website somewhere...

I doubt that they have no insurance - they would be breaking the law to operate without it, as it will be a condition of the licence under which they operate.

Most places will have a notice or get you to sign something that says that horses are unpredictable and that riding is a risk sport.

Incidentally, you're better signing something that is blatently unreasonable and void than something better written that might actually stand up in court.

 

[maggiehorse]

thanks for the input folks , my friend has decided not to sign it , hes going to see another establishment tomorrow